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Online Advertising Agreement Template for India

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Key Requirements PROMPT example:

Online Advertising Agreement

"I need an Online Advertising Agreement for my e-commerce startup to engage a digital marketing agency for managing our Google and Facebook ad campaigns starting March 2025, with a focus on performance-based pricing and clear KPI measurements."

Document background
The Online Advertising Agreement is essential for businesses engaging in digital advertising activities in India. It is particularly relevant in today's digital-first economy where online advertising has become a crucial marketing channel. This agreement is designed to comply with Indian legislation, including the Information Technology Act, 2000, Consumer Protection Act, 2019, and ASCI guidelines. It serves as a comprehensive framework for establishing the relationship between advertising service providers and their clients, covering crucial aspects such as service scope, performance metrics, payment terms, and compliance requirements. The document is structured to address both technical and commercial aspects of online advertising, including campaign management, data protection, and intellectual property rights, while ensuring alignment with Indian digital advertising regulations and industry standards.
Suggested Sections

1. Parties: Identification of the advertising service provider and the client

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement including technical advertising terms

4. Scope of Services: Detailed description of advertising services, platforms, and campaign management

5. Campaign Requirements: Specifications for ad campaigns, including content requirements and approval processes

6. Service Provider Obligations: Key responsibilities of the advertising service provider

7. Client Obligations: Key responsibilities of the client, including content provision and approvals

8. Payment Terms: Fees, payment schedule, and billing procedures

9. Performance Metrics: KPIs, reporting requirements, and measurement methodologies

10. Intellectual Property Rights: Ownership and usage rights of creative content and advertising materials

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration of agreement and termination provisions

13. Representations and Warranties: Standard contractual assurances from both parties

14. Limitation of Liability: Caps on liability and exclusions

15. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Data Protection and Privacy: Required when personal data processing is involved, detailing data handling procedures and compliance requirements

2. Multi-territory Provisions: Required when advertising services span multiple jurisdictions

3. Creative Services: Required when the service provider is responsible for creating advertising content

4. Platform-Specific Requirements: Required when advertising is specific to certain platforms (e.g., Google, Facebook)

5. Service Level Agreement: Required when specific performance levels need to be guaranteed

6. Compliance with Industry Standards: Required when specific industry regulations apply

7. Disaster Recovery: Required for high-value continuous advertising campaigns

8. Change Control: Required for long-term agreements where service specifications may need modification

Suggested Schedules

1. Schedule 1 - Services Description: Detailed technical specifications of advertising services

2. Schedule 2 - Pricing and Payment Terms: Detailed fee structure, rates, and payment milestones

3. Schedule 3 - Service Levels: Performance metrics, KPIs, and measurement methodologies

4. Schedule 4 - Campaign Specifications: Technical requirements for advertisements and campaigns

5. Schedule 5 - Approved Advertising Platforms: List of platforms where advertisements will be placed

6. Schedule 6 - Reporting Templates: Format and content of performance reports

7. Appendix A - Data Processing Agreement: Required documentation for personal data handling

8. Appendix B - Creative Guidelines: Standards and specifications for advertising content

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions















































Clauses



































Relevant Industries

Technology

E-commerce

Retail

Financial Services

Healthcare

Education

Media and Entertainment

Travel and Tourism

Real Estate

Telecommunications

Consumer Goods

Professional Services

Automotive

Fashion and Apparel

Relevant Teams

Legal

Marketing

Digital Marketing

Procurement

Compliance

Finance

Business Development

Brand Management

Creative Services

Media Planning

Analytics

Operations

Relevant Roles

Chief Marketing Officer

Digital Marketing Manager

Advertising Director

Media Buying Manager

Marketing Operations Manager

Digital Campaign Manager

Business Development Manager

Contract Manager

Legal Counsel

Procurement Manager

Marketing Analytics Manager

Brand Manager

Agency Relations Manager

E-commerce Manager

Compliance Officer

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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